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99 112168
<br /> N 1i1) �� wril �il Cxct:uUon or olt:tcliinCi�t ul iny sunil.tr prut:css sh,ill lic Cnicrcd ,i��,i�nst i�u�.ln� wl,��:l� s!i
<br /> beCOme 0 lie�� on tliC Trust Est�lC or ai�y porUon thereol or �nlCrest lhcrtt�n ai�� suCli cxttr.uUun, att,n:luni�nt �ii siiiul
<br /> prucess ol judpment is not reicased, bonded, satislicd, vac�ted or st�yed w�thin S�xly (G01 d�ys �Iler ��s ��ntry �,� levy;
<br /> (el there has occurred a breach of or delault under any tenn, covenant, apreernent, condit�on, prov�sio
<br /> representation or warranty contained in any prior deed vl trust or mortgage altecting the Trust Estate.
<br /> 10. Acce%ration upon De/ault; Additianal Remedios. II an event ol detault occurs. Ber,e(iciary n,ay dechre t
<br /> Indebtedness secured hereby to be due and payable and the same shall ti�ereupon becorne due and payable without a
<br /> presentment, demand, protest or notice o( any kind. Therea(ter, Beneficiary may:
<br /> (i1 either in person or by agent, with or without bringing any action or proceeding, or by a receiver appoint
<br /> by a court and without regard to the adequacy oi its security, enter upon and take possession oi the Trust Estate, or a
<br /> part thereo(, in its own name or in the name ot Trustee, and do a�y acts which it deems necessary or desirable to preser
<br /> the value, marketability or rentability o( the Trust Estate, or part thereof or interest therein, increase the income theretrc
<br /> or protect the security hereot and, with or without taking possession oi the 7rust Estate, sue tor or otherwise collect t
<br /> rents, issues a�d profits thereol, including those past due and unpaid, and app�y the same, less costs and expenses
<br /> operation and collection including attorneys' fees, upon any indebtedness secured hereby, all in such order as Bene(icia
<br /> may determine. The entering upon and taking possession of the Trust Estate, the collection oi such rents, issues a
<br /> protits and the application thereo( as afo�esaid shall not cure or waive any de(ault or notice of detault hereunder
<br /> invalidate any act done in response 4o such default or pursuant to such notice of default and, notwithstanding t
<br /> continuance in possession ot the Trust Estate or the collection, receipt and application of rents, issues or protits, T�ust
<br /> or Beneticiary shall been entitled to exercise every right provided for in any oi the Loan Instruments or by law up
<br /> occurrence oi any event of default, including the right to exercise the power of sale;
<br /> (ii) commence an action to toreclose this Deed of Trust as a mortgage, appoint a receiver or speci(ica
<br /> entorce any of the covena�ts hereof;
<br /> (iii) deliver to Trustee a written declaration ot de(ault and demand for sale and a written notice of default a
<br /> election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly tiled
<br /> record i� the appropriate offices of the County in which the Trust Estate is Iocated; or
<br /> (iv) exercise such other rights or remedies at law or in equity.
<br /> 1 1. foiec%sure by Power of Sa/e. If Beneficiary elects to foreclose by exercise of the Power of Sale herein containe
<br /> 8eneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtedne
<br /> and such receipts and evidence af expenditures made and secured hereby as Trustee may require.
<br /> (a) Upon receipt of such notice irom Beneficiary,Trustee shall cause to be recorded, published and delivei
<br /> to Trustor such Notice of Defautt and Notice of Sale as then required by law and by this Second Deed of Trust. Trus�
<br /> shall, without demand on Trustor, after such time as may then be required by taw and after recordation of such Notice
<br /> Detault and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of s
<br /> tixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedie
<br /> and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United Sta
<br /> payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed
<br /> deeds conveying the property so sold, but without any cove�ant or warranty, express or implied. The recitals in such de
<br /> o( any matters or tacts shall be conclusive proof of the truth(ulness thereot. Any person, including without limitat
<br /> Trustor, 7rustee or Beneficiary, may purchase at such sale.
<br /> (b) As may be permitted by taw, afte� deducting all costs, fees and expenses of Trustee and of this Tr�
<br /> including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) '
<br /> IndebtednesS (iil all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitl
<br /> thereto.
<br /> (c) 7rustee may in the manner provided by Iaw postpone sate of all or any portion ot the Trust Estate.
<br /> 17. Remedies Nof Exclus/ve. Trustee and Beneficiary, and each o( them, shall be entitted to e�force payment �
<br /> performance ot any indebtedness or obligations secured he�eby and to exercise all riphts and powers under this Second Deec
<br /> Trust or under any Loan Instrument or othe� agreement or any laws now or hereafter in force; notwithstanding, some or all of
<br /> such indebtedness �nd obligations secured hereby may now or hereatter be otherwise secured, whether by mortgage, deed o( tn
<br /> pledge, Iien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its eniorcement, whether by cc
<br /> action o► pursuant to the power ot sale or other powers herein contained, shall prejudice or in any manner afiect Trustee'�
<br /> Beneficiary's �ipht to realize upon or enforce any other security now or hereatter held by Trustee or Beneticiary, it being agreed 1
<br /> Trustee and Beneticiary, and each of them, shall be entiNed to en(orce this Second Deed o( Trust and any other security no�n
<br /> HBA-8
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